93-2891 Ordinance
ORDINANCE NO.
93-2891
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
FOOTNOTE NUMBER 1 TO MIAMI BEACH CITY CODE
CHAPTER 10 GOVERNING "ELECTIONS" , AMENDING
CITY CODE SECTION 10-11 SO AS TO CONFORM
CHARTER SECTION REFERENCES CONTAINED THEREIN
TO THE NEWLY ADOPTED CHARTER OF THE CITY OF
MIAMI BEACH, AND DELETING CITY CODE SECTION
10-2.1: PROVIDING FOR SEVERABILITY: PROVIDING
FOR REPEALER: AND PROVIDING FOR AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA:
SECTION 1.
Footnote number 1 to Chapter 10 of the Miami Beach City Code
governing "Elections" and Section 10-11 thereof are hereby amended
to read as follows:
Chapter 10. Elections.1
1 For state law as to electors and elections, see Florida Statutes
Chapters 97 to 106. For Charter provision as to elections of members
of City Commission and terms of office, see Charter Section ~ 2.01.
As to recall of Commissioners, see Charter Seetioa 29 U100.361, Fla.
Stat. As to vacancies occurring in the City Commission, see Charter
Section ~ 2.07. As to election of City officers, see Charter Section
40 6.03. As to autherity of City Cemmi~Dioa te subdi~ide the City
iato vetia~ proeiaets ete., see Charter Seetioa 10.*
* * *
Section 10-11. Contents, Filing, and Form of Votes.
Every candidate for the office of City commissioner or
Mayor shall take, sign and subscribe to the oath or
affirmation in writing, as specified in Section 4G 6.03
of the Charter of the city of Miami Beach.
* * *
8ection 10 2.1. Vacancy in Candidacy.
If the death, \.-ithdnn.al or removal of a qualified
candidate follmJing the end of the qualifying period
reoulto in only one candidate remaining on the ballot for
that office, one oupplcmcntal qualifying period ohall be
eotabliohed for a period of five dayo beginning on the
firot day follm,ring the Tv'acancy in candidacy. No further
oupplemental qualifying period ohall thereafter be
* Charter Section 10 was repealed via City of Miami Beach Ord. No. 87-2549.
eatabliohed and no oupplemental qualifying period ahall
be eotablished at all if a vacancy in candidacy occura
within twenty nix dayn prior to the date of the general
election for the office of city comminnioner or mayor.
If within twenty nix dayn prior to the datc of the
general election for the office of city commiooioner or
mayor, there is only one candidate on the ballot for an
elected office, said candidate ahall be declared elected
and no election for that office nhall be required. (Ord.
no. 91 2734, ~ 1.)
SECTION 2.
REPEALER
All Ordinances or parts of ordinances in conflict herewith be
and the same are hereby repealed.
SECTION 3.
SEVERABILITY
If any section, sentence, clause or phrase of this ordinance
is held to be invalid or unconstitutional by any court of competent
jurisdiction, then said holding shall in no way affect the validity
of the remaining portions of this ordinance.
SECTION 4.
EFFECTIVE DATE
This ordinance shall take effect ten (10) days after its
adoption, on
December 25,
, 1993.
PASSED and ADOPTED this 15th
\~~
ATTEST:
~0lJ L,~
CITY CLERK
1st reading 11/24/93
2nd reading 12/15/93
JOlks
fORM APPROVED
By~~-
I . I i Q 103
LJate ~_~
(8Iresord3\chaplOam.ord)
2
OFFICE ,J~ ....~~ .:: -'l ~ ....-CO'..='r
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CITY ATTORNEY
POBOX 0
MIAMI BEACH, FLORIDA 321 ~9-2032
TELEPHONE (3051673-7470
TELECOPY 1305) 673-7002
LAURENCE FEINGOLD
COMMISSION MEMORANDUM NO.
("'A~W.Q
FROM:
MAYOR SEYMOUR GELBER DATE: NOVEMBER 17, 1993
MEMBERS OF THE CITY COMMISSION
CITY MANAGER ROGER M.~TON ~
LAURENCE FEINGOLD 4t A~ _
CITY ATTORNEY ~J~~ ~
AMENDING MIAMI BEACH CITY CODE CHAPTER 10 SO AS TO
CONFORM CHARTER SECTION REFERENCES TO NEW CITY CHARTER
TO:
SUBJECT:
On November 2, 1993 the electorate of the City of Miami
Beach approved passage of all five ballot questions with regard to
the repeal of the City's existing Charter and adoption of a new
revised City Charter. City Commission acceptance of the
Certification of Results from the November 2, 1993 Special Election
occurred on November 3, 1993.
In view of the newly adopted
housekeeping matter, the attached Ordinance
purposes of conforming City Code Chapter
references to the new City Charter.1
Charter, and as a
has been prepared for
10' s Charter section
The attached Ordinance is thus ready for Commission
review.
JOlks
(alr..ord3\ehaplOaa.ca)
15
AGENDA
ITEM
R- '3 ~~
)2-1 S-~L
DATE
lAlso, City Code Section 10-2.1 entitled "Vacancy in Candidacy" is being
proposed for deletion inasmuch as said Section is now embodied in the City Charter.
1700 CONVENTION CENTER DRIVE - FOURTH FLOOR - MIAMI BEACH, FLORIDA 33139